Western Australian Current Acts Western Australian Current Acts [(1), (2) deleted]
(3) A court sentencing
a person who has been convicted of —
(a) a
first offence against section 63, 67 or 67AD(6); or
(b) an
offence against section 64, 64B(3), 67AD(4) or 67A,
may, instead of
imposing a fine —
(c)
order the release of the person and impose a community based order under Part
9 of the Sentencing Act 1995 with at least a community service requirement as
a primary requirement of the order; or
(d) if
the offender is a young person under the Young Offenders Act 1994 , subject
to sections 50, 50A and 50B of that Act, make a youth community based order
under that Act imposing at least community work conditions on the offender.
(4) If a court
sentencing a person who has been convicted of —
(a) an
offence against section 49 committed in the circumstances mentioned in
section 49(3); or
(b) a
second or subsequent offence against section 63, 67 or 67AD(6),
orders the release of
the offender and imposes a community based order or an intensive supervision
order under the Sentencing Act 1995 , the court must impose at least a
community service requirement as a primary requirement of the order.
(5) If a court
sentencing a person who has been convicted of —
(a) an
offence against section 49 committed in the circumstances mentioned in
section 49(3); or
(b) a
second or subsequent offence against section 63, 67 or 67AD(6),
orders the release of
the offender and imposes a youth community based order or an intensive youth
supervision order under the Young Offenders Act 1994 , the court must impose
community work conditions on the offender as part of the order.
(6) A court sentencing
a person who has been convicted of an offence against section 64AB must order
a pre-sentence report about the offender under the Sentencing Act 1995 Part 3
Division 3.
(7) A court sentencing
a person who has been convicted of a first offence against section 64AB or
67AA must, instead of or in addition to imposing a fine —
(a)
order the release of the person and impose a community based order under the
Sentencing Act 1995 with at least a programme requirement as a primary
requirement of the order; or
(b) if
the offender is a young person under the Young Offenders Act 1994 , subject
to sections 50, 50A and 50B of that Act, make a youth community based order
under that Act imposing at least attendance conditions on the offender.
(8) A court sentencing
a person who has been convicted of a second or subsequent offence against
section 64AB or 67AA must, instead of or in addition to imposing a fine
—
(a)
order the release of the person and impose a community based order under the
Sentencing Act 1995 with at least a supervision requirement and a programme
requirement as primary requirements of the order; or
(b)
order the release of the person and impose an intensive supervision order
under the Sentencing Act 1995 with at least a programme requirement as a
primary requirement of the order; or
(c) if
the offender is a young person under the Young Offenders Act 1994 , subject
to sections 50, 50A and 50B of that Act, make a youth community based order,
or an intensive youth supervision order, under that Act imposing at least
attendance conditions and supervision conditions on the offender.
(9) Subsections (7)
and (8) apply despite the Sentencing Act 1995 section 39(3) and (4) and the
Young Offenders Act 1994 section 74.
(10) Subsection (8)
does not apply if the court imposes a custodial sentence on the offender.
[Section 106 inserted: No. 50 of 2003 s. 28;
amended: No. 74 of 2003 s. 105(4); No. 54 of 2006 s. 34; No. 6 of 2007 s. 21;
No. 8 of 2012 s. 30; No. 27 of 2020 s. 40.]